Agenda item

** Please note that the appendices for this item will be published as supplements to the agenda **

Report of Executive Director for Place and Growth

Purpose of report

To seek approval for the submission of the Partial Review of the adopted Cherwell Local Plan 2011-2031 to the Secretary of State for Housing, Communities and Local Government for independent examination.

Recommendations

The meeting is recommended:

 1.1        To note the responses to the consultation on the Proposed Submission draft of the Partial Review of the Local Plan summarised in the Statement of Consultation at Appendix 4.

1.2         To note the supporting documents relevant to the preparation of the Partial Review of the Local Plan presented at Appendices 5 to 12 and available on line at https://www.cherwell.gov.uk/info/112/evidence-base/369/local-plan-part-1-partial-review---evidence-base

1.3         To approve the Schedule of Focused Changes and Minor Modifications to the Proposed Submission draft of the Partial Review of the Local Plan presented at Appendix 3.

1.4         To approve the Proposed Submission Draft of the Partial Review (July 2017) (Appendix 2) incorporating the Schedule of Focused Changes and Minor Modifications (Appendix 3) as the Submission draft of the Partial Review of the Cherwell Local Plan 2011-2031.

1.5         To recommend to Council that it submits the Submission draft of the Partial Review of the Cherwell Local Plan 2011-2031 to the Secretary of State for Housing, Communities and Local Government for independent examination with all necessary prescribed and supporting documents.

1.6         To authorise the Executive Director for Place and Growth to make any necessary, presentational changes to the Submission draft of the Partial Review and to necessary prescribed and supporting documents before the meeting of the Council.

Resolved

(1)          That, having given due consideration, the responses to the consultation on the Proposed Submission draft of the Partial Review of the Local Plan be noted.

(2)          That the supporting documents relevant to the preparation of the Partial Review of the Local Plan be noted.

(3)          That the Schedule of Focused Changes and Minor Modifications to the Proposed Submission draft of the Partial Review of the Local Plan (annex to the Minutes as set out in the Minute Book) be approved.

(4)          That the Proposed Submission Draft of the Partial Review (July 2017) (Annex to the Minutes as set out in the Minute Book) incorporating the Schedule of Focused Changes and Minor Modifications (Annex to the Minutes as set out in the Minute Book) be approved as the Submission draft of the Partial Review of the Cherwell Local Plan 2011-2031.

(5)          That Full Council be recommended to approve to submit the Submission draft of the Partial Review of the Cherwell Local Plan 2011-2031 to the Secretary of State for Housing, Communities and Local Government for independent examination with all necessary prescribed and supporting documents.

(6)          That the Executive Director for Place and Growth be authorised to make any necessary, presentational changes to the Submission draft of the Partial Review and to necessary prescribed and supporting documents before the meeting of Full Council.

The Executive Director for Place and Growth submitted a report to seek approval for the submission of the Partial Review of the adopted Cherwell Local Plan 2011-2031 to the Secretary of State for Housing, Communities and Local Government for independent examination.

Resolved

(1)          That, having given due consideration, the responses to the consultation on the Proposed Submission draft of the Partial Review of the Local Plan be noted.

(2)          That the supporting documents relevant to the preparation of the Partial Review of the Local Plan be noted.

(3)          That the Schedule of Focused Changes and Minor Modifications to the Proposed Submission draft of the Partial Review of the Local Plan (annex to the Minutes as set out in the Minute Book) be approved.

(4)          That the Proposed Submission Draft of the Partial Review (July 2017) (Annex to the Minutes as set out in the Minute Book) incorporating the Schedule of Focused Changes and Minor Modifications (Annex to the Minutes as set out in the Minute Book) be approved as the Submission draft of the Partial Review of the Cherwell Local Plan 2011-2031.

(5)          That Full Council be recommended to approve to submit the Submission draft of the Partial Review of the Cherwell Local Plan 2011-2031 to the Secretary of State for Housing, Communities and Local Government for independent examination with all necessary prescribed and supporting documents.

(6)          That the Executive Director for Place and Growth be authorised to make any necessary, presentational changes to the Submission draft of the Partial Review and to necessary prescribed and supporting documents before the meeting of Full Council.

Reasons

This report presents the Partial Review of the Cherwell Local Plan 2011-2031 – Oxford's Unmet Housing Needs for approval and subsequent presentation to Council as a 'Submission' Local Plan. Upon approval by Council the Plan would be submitted to the Secretary of State for Housing, Communities and Local Government for independent examination.

Consultation on the Proposed Submission Plan commenced on 17 July 2017 and extended to 10 October 2017. A total of 1460 representations were received in response to the consultation. They have been considered by officers in reviewing whether the Partial Review (the Plan) is 'sound' and legally compliant - the tests of the independent examination of the Plan that commences upon the Plan's submission.

The view of officers is that the Plan is sound but that a number of 'focused changes' and 'minor modifications' should be made to it in the interests of its improvement, clarification and updating and to address minor presentational, grammatical and typographical issues.

Alternative options

Officers have considered all reasonable alternatives in preparing the Partial Review of the Local Plan. This is documented in the Sustainability Appraisal presented at Appendices 5, 6 & 7. The Plan as presented is considered to be sound, legally compliant, and, in the view of officers, would result in sustainable development.

The following alternative options are open to Members but are not recommended for the reasons as set out below:

Option 1: Not to approve the Plan

Joint work with the other Oxfordshire councils has revealed that Cherwell and other Districts need to meet additional housing need for Oxford. In accordance with paragraph B.95 of the adopted Local Plan, this triggered the Partial Review process to be completed within two years of adoption (from July 2015). Officers consider the proposed Partial Review of the Plan to be sound and legally compliant. Not to approve the Plan would lead to a reconsideration of how the whole District would contribute in meeting the identified housing need in the context of the statutory Duty to Cooperate. There would be significant uncertainty for partner authorities, local communities and the development industry.

Option 2: Not to approve the Plan and seek significant changes

New, significant changes would need to be considered by officers on an evidential basis before the Plan could be re-presented to Members for approval. Changes involving new planning considerations may require re-consultation. The consideration of significant changes would lead to delay.

Option 3: To approve the Plan and seek changes.

Changes would need to be considered by officers to determine whether they would affect the submission of the Plan for examination; whether they would be significant; and, whether they need to be considered on an evidential basis. Changes involving new planning considerations may require re-consultation. The consideration of significant changes would lead to delay.